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Hansraj Sowcar Vs. S.M. Sheik Mohideen Rowther and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in29Ind.Cas.745
AppellantHansraj Sowcar
RespondentS.M. Sheik Mohideen Rowther and ors.
Cases ReferredTincouri Debya v. Shib Chandra Pal Chowdhury
Excerpt:
.....property outside jurisdiction--right to sell such property--undervaluation, whether material irregularity--civil procedure code (act v of 1908), section 115. - securitisation & reconstruction of financial assets & enforcement of security interest act, 2002 [c.a. no. 54/2002]section 17; power of tribunal to impose condition relating to deposit for grant of stay of auction held, there is no specific provision made under section 17 of securitisation act or under any other provisions of the said act empowering the tribunal to pass any interim order. but under sub-section (12) of section 19 of the recovery of debts due to banks and financial institutions act, 1993, the tribunal has been empowered to pass various interim orders. if sub-section (7) of section 17 of securitisation act is.....1. the fact that all the property is not situated within the jurisdiction of the court which passed the decree does not affect its jurisdiction to sell the property comprised in the decree. tincouri debya v. shib chandra pal chowdhury 21 c.p 639. the alleged undervaluation of the property in the proclamation for wale is not a material irregularity within the meaning of section 115 of the code of civil procedure.2. the civil revision petition is dismissed with the costs of the 1st respondent. the petition for stay of sale also is dismissed with costs.
Judgment:

1. The fact that all the property is not situated within the jurisdiction of the Court which passed the decree does not affect its jurisdiction to sell the property comprised in the decree. Tincouri Debya v. Shib Chandra Pal Chowdhury 21 C.P 639. The alleged undervaluation of the property in the proclamation for wale is not a material irregularity within the meaning of Section 115 of the Code of Civil Procedure.

2. The civil revision petition is dismissed with the costs of the 1st respondent. The petition for stay of sale also is dismissed with costs.


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